W.V. Karunawathie Vs. K.M.G.K. Bandara et al – 29/2019-2022

In the case between W.V. Karunawathie (Petitioner) and K.M.G.K. Bandara (Divisional Secretary, Medagama) among other Respondents, the court addressed whether the Petitioner, as the lawfully nominated successor under the Land Development Ordinance No. 19 of 1935, was entitled to a writ of Mandamus for issuance of a Permit/Grant to land and whether the six-month physical possession requirement under Section 68(2) barred her succession due to resistance by the 5th Respondent (her brother). It was held that a writ of Mandamus must be issued in favor of the Petitioner, with a writ of Prohibition directed against granting rights to the 5th Respondent. The principle was reaffirmed that where all reasonable steps are taken by a nominated successor to obtain possession and resistance is encountered